2020-05-14 City Council Special MEETING - Agenda PacketCity Council Chambers Menifee City Council
Via RingCentral (see below) Special Meeting Agenda
Menifee, CA 92586
Thursday, May 14, 2020
4:30 PM Closed Session
5:00 PM Special Meeting
Bill Zimmerman, Mayor
Greg August, District 1
Matthew Liesemeyer, District 2 Armando G. Villa, City Manager
Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney
Dean Deines, District 4 Sarah A. Manwaring, City Clerk
SPECIAL MEETING AGENDA
AS A RESULT OF THE COVID-19 VIRUS, AND RESULTING ORDERS AND DIRECTION
FROM THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF
CALIFORNIA, AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL
AS THE CITY OF MENIFEE EMERGENCY DECLARATION, THE PUBLIC WILL NOT BE
PERMITTED TO PHYSICALLY ATTEND THE MENIFEE MEETING TO WHICH THIS AGENDA
APPLIES. YOU MAY PARTICIPATE IN THE MEETING BY:
VIDEO: https://meetings.ringcentral.com/j/1496375960
PHONE: (623) 404-9000, MEETING ID #1496375960
PUBLIC COMMENTS: TO SUBMIT PUBLIC COMMENTS EMAIL
publiccomments@cityofmenifee.us
FOR MORE INFORMATION GO TO http://cityofmenifee.us/621/Virtual-City-Clerk-Services, OR
CONTACT THE CITY CLERK DEPARTMENT AT (951) 672-6777.
CLOSED SESSION (4:30 P.M)
1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Paragraph (A) of Section 94957
SPECIAL MEETING (5:00 P.M)
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. DISCUSSION ITEMS
4.1. 2020 Independence Celebration
RECOMMENDED ACTION
Review, discuss, and provide direction to staff regarding the implementation of the
annual Independence Celebration.
4.2. Animal Services for Fiscal Year 2020-2021
RECOMMENDED ACTION
Review and discuss the Animal Field Service and Sheltering Service options.
Menifee Mayor and City Council
Special Meeting Agenda
Thursday, May 14, 2020
Page 2 of 2
4.3. Measure DD Repeal Impact Report
RECOMMENDED ACTION
Receive and file.
4.4. Measure DD Repeal Initiative
RECOMMENDED ACTION
To do one of the following:
1) Adopt the proposed ordinance, repealing Measure DD, without alteration; or
2) Authorize the City Clerk to prepare resolutions to submit the proposed ordinance,
repealing Measure DD, without alteration, to the voters at the City’s General
Municipal Election on November 3, 2020 and bring back to Council for adoption.
5. ADJOURN
Decorum Policy Notes
You may submit comments on any agenda item by emailing requests
to publiccomments@cityofmenifee.us prior to the item being heard. The Council
anticipates and encourages public participation at its Council meetings. Please use
respect by not having your cell phones on, refrain from talking in the audience or outbursts
that may be disruptive. While we encourage participation, we ask there be a mutual
respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City
Council after distribution of the agenda packet, are available for public inspection
by contacting Sarah Manwaring, City Clerk, at (951) 672-6777 during normal
business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact
Sarah Manwaring, City Clerk at (951) 672-6777. Notification 72 hours prior to the
meeting will enable the City to make reasonable arrangements to assure
accessibility to this meeting.
CITY OF MENIFEE
SUBJECT: 2020 Independence Celebration
MEETING DATE: May 14, 2020
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Senior Management Analyst
REVIEWED BY: Jonathan Nicks, Community Services Director
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Review, discuss, and provide direction to staff regarding the implementation of the annual
Independence Celebration.
DISCUSSION
Over the last month, the City of Menifee, has been faced with numerous difficult decisions
regarding the services provided to the public as the nation continues to grapple with the
Coronavirus (COVID-19) pandemic. With the cancellation or postponement of the many events
that were scheduled to take place in the months of March and April, the City must now
determine the viability of summer programs with little information of when or how the restrictions
on large group gatherings and social distancing will be lifted.
As a signature City event, the Independence Celebration is currently scheduled to take place on
Saturday, June 27, 2020 at Wheatfield Park. The celebration is scheduled to open with the
annual community parade to start at 4:00 PM and conclude with the award winning fireworks
show starting at 9:00 PM sharp. The event is also scheduled to provide residents with a variety
of local vending options including unique foods, a robust beer garden provided by the Menifee
Valley Chamber of Commerce, homemade arts & crafts, and business and non-profit vendors
that provide activities for families. The main stage this year sponsored by Paradise Chevrolet,
is set to include local artists, performers, and the ceremonial countdown to the fireworks show.
In an effort to address the concerns currently faced in planning a large scale special event
during the COVID-19 pandemic, Staff has identified the following options for City Council
consideration:
4.1
Packet Pg. 3
City of Menifee Staff Report
Independence Celebration
May 14, 2020
Page 2 of 2
Event Modifications Estimated
Attendance* Fiscal Impact
Option 1 All components of original event with
additional safety measures:
Additional hand wash/sanitizer stations
Disposable face masks
Increased security to monitor social
distancing as necessary
15,000 Increased cost
of $15,800
Option 2 Additional safety measures & Reduce all
aspects of events:
No more than 20 vendors
Ticketed event to monitor attendance
Cancel Parade and Kid Zone
Reduce to one stage for entertainment
2,500 Increased cost
of $15,000
Option 3 Fireworks show only:
Cancel community event/parade
Allow viewing from personal vehicles
parked within the MSJC parking lot.
5,000 Savings of
$25,000
Option 4 Cancel event:
Must notify firework vendor by Friday,
May 15, 2020 for full refund.
0 Savings of
$65,000
* Attendance and set up is based upon State and County guidelines that are subject to change.
In an informal survey conducted by California Park and Recreation Society (CPRS), 45
California cities responded; 29 have officially cancelled their Independence Day events, with the
remaining 16 cities noted as either undecided or awaiting direction from governing bodies.
FISCAL IMPACT
Depending on the direction given, the fiscal impact ranges from an increase in event costs by
approximately $15,000 or a savings of up to $65,000. The event is currently an approved
expenditure in the Community Services Department FY 2019/20 Budget.
4.1
Packet Pg. 4
CITY OF MENIFEE
SUBJECT: Animal Services for Fiscal Year 2020-2021
MEETING DATE: May 14, 2020
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Review and discuss the Animal Field Service and Sheltering Service options.
BACKGROUND
Since 2010, the City of Menifee has had a contract with Animal Friends of the Valley (AFV) for animal
field services and the County of Riverside for sheltering services. The current contracts were entered
into in 2017 for a term of 3 years, and will expire on June 30, 2020. On February 19, 2020, Councilman
Liesemeyer requested staff bring forward a discussion item on Animal Services at a future meeting. In
response to this request and the need for new contracts to be in place by July 1, 2020, staff reached
out to both AFV and Riverside County to request proposals for services.
DISCUSSION
Field Services
Staff requested proposals from both the County and AFV for field services. The County’s proposal (for
sheltering) did not include a field services proposal. Below is a summary of the proposal received from
AFV for field services.
Consistent with previous proposals, AFV provided the City with two options for Animal Field Services.
Both options include the following Scope of Work, Field Services, Licensing, and Veterinarian Services:
Scope of Work
Field Service Assistance
Impoundment
Proper Care and Treatment
Animal Bite Investigation
Quarantine
Stray Animal Complaints
4.2
Packet Pg. 5
City of Menifee Staff Report
Animal Field and Sheltering Services for FY 2020-2021
May 14, 2020
Page 2 of 5
Barking Dog Complaints
Deceased Animals
Trapping
Traps
Return of Impounded Animals
Licenses for Dogs, Kennels, and Catteries
Warning and Citation Issuance
Service to the Public (all necessary equipment included)
Public Nuisance Hearings
Animal Cruelty/Neglect Complaints
Potentially Dangerous Dog Hearings
Response to Crowing Fowl and Non-Vector Complaints
Field Services
Two designated animal control officers for City coverage, five days a week, eight hours per day.
After hour calls including nights, weekends, and holidays.
Administrative costs (such as, but not limited to, hearing office, meeting attendance, resolution
compliance, etc).
Two animal control vehicles, fuel, maintenance, etc.
Pick up of livestock.
Veterinarian Services
Emergency veterinarian services (as needed, fee will be based on charge from negotiated
pricing from veterinarian).
Licensing
AFV Licensing – AFV shall retain $7.00 of each individual dog license sold.
AFV shall retain ½ of all kennel/cattery licenses sold.
Costs
OPTION 1: $384,000 annually
This is the City’s current active contract amount for FY19/20.
Includes all the above-mentioned services.
Includes a 2.5% Cost of Living increase per year.
A monthly fee service charge of $32,000 with a credit back for licensing/citations.
Credit for licensing/citations is estimated to be $150,000 per year.
Estimated Net cost: $234,000 per year.
OPTION 2: $234,000 annually
Includes all the above-mentioned services.
No Cost of Living increase.
AFV retains all licensing/citation fees.
Flat monthly fee: $19,500
4.2
Packet Pg. 6
City of Menifee Staff Report
Animal Field and Sheltering Services for FY 2020-2021
May 14, 2020
Page 3 of 5
Sheltering Services
The City received proposals from both the County and AFV for sheltering services. The County shelter
proposal is generally consistent with current services utilizing the San Jacinto shelter facility. The AFV
shelter proposal would require the City to join the AFV Joint Powers Authority (the JPA Board would
need to approve), and would utilize the AFV Shelter in Wildomar.
AFV JPA Proposal Summary
AFV, in association with the cities of Canyon Lake, Lake Elsinore, Murrieta, Temecula, and Riverside
County, created a Joint Powers Authority (JPA) in 2010 to build a 32,000 square-foot indoor,
temperature controlled, state-of-the-art animal shelter. The JPA sold tax-free bonds to finance the
building of the shelter. AFV was selected as the shelter operator under an operating agreement with the
JPA, and AFV will receive the title to the shelter after the bonds are retired. The shelter was opened in
October 2010. Since its creation, the City of Wildomar has also been accepted into the JPA.
Fees for sheltering are based on the percentage of animals sheltered from each agency member.
Based on the FY 2019-20 reports, 10,064 animals were processed by the JPA at the AFV shelter.
Based on reports of sheltered animals at the County shelter (and via AFV), 1,709 animals were
processed from the City of Menifee. Using this figure as an estimate for FY 2020-21, the City of
Menifee would account for approximately 17% of the total animals sheltered for the JPA. Therefore, the
estimated fees for sheltering with AFV are:
PROPOSAL: $452,000 annually
Bond Principle and interest payments (debt service)
Administrative and Operating fees
4.2
Packet Pg. 7
City of Menifee Staff Report
Animal Field and Sheltering Services for FY 2020-2021
May 14, 2020
Page 4 of 5
County San Jacinto Proposal Summary
The County of Riverside Department of Animal Services currently provides animal sheltering services
for the City of Menifee at the San Jacinto Valley Animal Campus. All animals impounded receive
immediate prompt and necessary veterinary care and husbandry by trained staff in accordance with
state laws and veterinary medical board guidelines. In addition to re-homing activities, the department
provides full service adoptions, coordinated pet rescue efforts, low-cost vaccinations, and microchip
services. Staff requested a comprehensive proposal from the County to include field and sheltering
services, however only the sheltering services portion was provided. The following items are included in
the Scope of Work:
Scope of Work
Treatment of Animals
Spay and Neuter
Volunteer Programs
Enforcement of all provisions and state laws
Incoming Animal Identification
Impoundments and Quarantines
Incoming Animal Examinations/Assessments
Behavioral Assessments
Adoptions
Community Adoption Partners
Foster Care Placement
Vicious Dogs
4.2
Packet Pg. 8
City of Menifee Staff Report
Animal Field and Sheltering Services for FY 2020-2021
May 14, 2020
Page 5 of 5
Euthanasia
Drug Enforcement Agency (DEA)
Feeding Protocols
Staffing and Volunteers
Holding Periods
Missing Animals
Hours of Operation
Disease Control and Sanitation
Provisions of Personnel and Supplies
City Access
Livestock and Fowl Care
Animal Disposal
Level of Services Provided
Animals Surrendered by their Owners
Costs
PROPOSAL: $272,801 annually
Includes estimated projected costs for:
o Annual dog and cat impounds
o Wildlife impounds
o Deceased animal pick-up
o Operational and Maintenance costs
FISCAL IMPACT
Depending on the options chosen by the City Council, the fiscal impact on the City would be as follows:
AFV County
Field Services $384,000 N/A
Sheltering $452,028 $272,801
Annual Contract Total:
Minimum Maximum
$656,801.00 $836,028.00
ATTACHMENTS
1. AFV Field Service Proposal 2020
2. County Sheltering Proposal
4.2
Packet Pg. 9
Animal Friends of the Valleys, Inc.
Proposal
Prepared for the City of Menifee
Animal Control Services
Animal Friends of the Valleys, Inc.
4.2.a
Packet Pg. 10 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
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Table of Contents
Page
Understanding ……………………………………………….……………………. -1-
Methodology and Scope of Work …………………………………………… -1-
Company and Organization …………………………………………………… -5-
Organization & Staffing ……………………………………………………….. -7-
Additional Information ….……………………………………………………. -8-
Acceptance of Conditions and Agreement and Insurance ………… -8-
Compensation Schedule (Exhibit A) ………………………………………. -9-
Priority of Field Services (Exhibit B) ………………………………………. -10-
Animal Friends of the Valleys, Inc.
Proposal
Animal Control
The City of Menifee
4.2.a
Packet Pg. 11 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
- 2 -
1. Understanding
Animal Friends of the Valleys (AFV) is desirous of providing a full range of animal
control services to Menifee (City). AFV’s purpose is the safeguarding of the health and
safety of the population of the City of Menifee and the health and safety of its domestic
animals, and for the purpose of promoting the humane treatment of animals and the
stimulation of public support for enforcement of the city ordinances relating to animal
control.
2. Methodology and Scope of Work
(a) Field service assistance. Respond to all calls for field service assistance in
accordance with the priority of call policy as described in Exhibit B, attached
hereto.
The animal control officers will stagger the times and days that they are in the city to
give the best coverage for Menifee. The hours of service per week will total a
minimum of 80 hours of field service.
Assist law enforcement, fire department, and Fish & Game as requested and in
extreme situations that arise such as the removal of vicious dogs in drug raids, cock
fighting, organized dog fighting, evacuation of animals during disasters, etc.
Investigate and pursue action on complaints of public nuisances, leash law
violations, and barking dog complaints. Hold hearings in compliance with municipal
codes regarding public nuisances and potentially dangerous/vicious animals.
(b) Impoundment. Impound all animals picked up at large and collect such impound
fees as may be established from time to time by resolution of the City Council.
(c) Proper Care and Treatment. Provide care and treatment to any stray or
abandoned animal in accordance with the provision of Penal Code of the State of
California 597.1, 597e, and 597f.
(d) Animal Bites. Investigate reported animal bites. AFV may initially receive animal
bite reports by telephone, but shall respond in person to all reported bites by dogs,
cats or by suspected rabid or wild animals. As part of the investigation, AFV shall
take appropriate steps consistent with the circumstances of each separate incident
to locate and quarantine the suspected animal(s) and/or assist the complained
and/or injured party(ies) to trap the suspected animal(s). AFV shall contact and
interview the bite victim (or the victim’s parent or guardian in the case of a minor) as
part of the bite investigation procedure. Bite reports shall indicate who reported the
bite incident.
4.2.a
Packet Pg. 12 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
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(e) Quarantine. Quarantine, as prescribed by State Law and Ordinances, all animals
suspected to be rabid and/or that have bitten a person or other animal. Animals
may be quarantined at home with a mandatory three time visit by an animal control
officer or at the shelter in accordance with policy, at the officer discretion. All
animals shall receive proper veterinary care and proper nutrition.
AFV shall comply with and complete the annual report of local rabies control
activities to the county and the state as required for the City.
(f) Stray Animal Complaints. Investigate and pursue action on complaints and/or
reports of potential violations of Municipal Code relating to animals, including
unnecessary noise, in accordance with such procedures adopted by the City;
respond to requests from the Fire Department and contract law enforcement
provider for assistance with animal related situations.
(g) Barking Dog Complaints. Respond to and process barking dog complaints (public
nuisances) in accordance with city ordinance. Hold public nuisance hearings for
barking dog complaints that have failed to be abated.
(h) Dead Animals. Remove dead animals from the public right-of-way within City limits
and from other areas upon request. In the event that such animal is on a state
highway, AFV shall immediately call CALTRANS for the removal of such animal.
(i) Trapping. Assist city residents in the removal of domestic or wild animals from
privately owned traps within twenty four (24) hours of being notified. Trapping may
not be performed on Friday or Saturday. Assist city residents in the setting of,
trapping and removal of domestic and wild animals from public and private property
within five (5) days.
(j) Traps. AFV will advise, assist and may set traps and provide a trapping program
for an animal at large or a wild animal on public or private property. AFV may
provide traps for a rental fee to City residents or City may purchase traps to be used
only for city residents. All traps will be available to city residents on a first come,
first served basis. AFV shall not be required to stay on the property and monitor the
trap unless the Executive Director or the responding Animal Control feels there is a
danger to human or the animal’s life.
(k) Return of Impounded Animals. AFV encourages the return of any lost/stray
animal to the rightful owner in the field, subject to the appropriate payment of
impound fees. AFV Officers and staff will make every effort to reunite each stray
animal to their owner.
(l) Licenses for Dogs, Kennels, and Catteries. AFV shall continue to implement a
comprehensive licensing program including conducting dog license inspections.
AFV shall issue dog licenses with appropriate proof of rabies vaccinations. AFV
4.2.a
Packet Pg. 13 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
- 4 -
shall issue licenses to operate dog kennels and catteries within City, subject to
approval of the City for land use and zoning requirements for said facilities, and
collect fees in connection therewith. AFV shall provide all forms and tags for such
licenses. AFV shall retain one half of the license fees for kennels and catteries.
Area-wide canvassing will be conducted as part of the field service activity.
Half of the kennel/cattery license fee shall be credited against the cost of the field
service contract and reflected on each invoice for services on a monthly basis.
All fees collected for dog licenses and penalties shall be accounted for by AFV.
These fees will be either credited against the cost of the contract and reflected on
each invoice for services on a monthly basis or retained by AFV as part of the flat
monthly fee. AFV shall retain a fee based on compensation schedule for each dog
license issued.
AFV will be responsible for sending out license renewal letters for individual dogs.
AFV will be responsible for keeping the license database current for City residents
regarding their dog licenses. AFV will be responsible for sending out cattery and
kennel license renewals and performing all inspections of the premises.
AFV shall verify dog license status when responding to requests for service or when
responding to complaints. The Animal Control or Humane Officer, as part of said
officer’s regular animal control duties will conduct license inspection activities during
animal control investigations so as to ascertain the number of unlicensed dogs, to
license such dogs and gain compliance with license requirements.
AFV will provide a verification system whereby owners can verify the status of their
animal’s license by telephone.
(m) Issuance of Warning and Citations. AFV will enforce all appropriate provisions
of the ordinance including the issuance of notices of violations or citations as
necessary for violations of the provisions of said ordinance or state law. Such
revenue generated would be credited against the cost of the field service contract
and reflected on each invoice for services on a monthly basis.
(n) Service to the Public. AFV will provide service to the public on all animal matters
consistent with established policies and procedures that promote courteous and
efficient service and good public relations.
AFV personnel are trained to be pro-active when in the field. The Officers are
trained to resolve animal related problems on the first attempt. AFV officers receive
a minimum of forty (40) hours training annually.
A request for service slip will be filled out on each complaint received. It will
indicate:
4.2.a
Packet Pg. 14 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
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1. Date and time the call was received;
2. Caller’s name, address and phone number;
3. Address in which the complaint is against;
4. Description of the complaint; and
5. Time and officer’s name the call was dispatched to.
The officers complete a daily log. Each call is logged on the daily with the time that
they arrived, left the call, and the outcome of the call. The logs are turned in at the
end of each shift to the animal control supervisor. The information is available to
the City and the public at all times.
Service calls are received by the AFV dispatcher. The dispatcher contacts the
officer via Nextel radio. The officer prioritizes calls as they are received.
Calls will be handled on a priority basis in accordance with Exhibit B.
The animal control officers will transport animals in animal control vans or trucks
that provide both air conditioning, ventilation and heating to the animal
compartments to keep the animals comfortable. The animal control vehicles are
equipped with amber lights, spotlights and a beacon for safety.
AFV will provide all equipment necessary for the officers in the field including, but
not limited to:
a. Humane traps (dog, cat, raccoon)
b. Snake tongs
c. Ketch-alls-6’, 5’ and 3’
d. Tranquilizer rifle
e. Pole syringe
f. Nets
g. Shovels
h. Plastic bags
i. Food and water supplies for animals onboard
j. Blankets and towels
k. Nextel radios for communication
l. Flashlights
m. PPE equipment
n. Tranquilizer (Anased)
o. Sodium Pentobarbital
p. Leashes
q. Appropriate forms and paperwork
r. Carriers
After hour calls are received by a local answering service. The calls are then
dispatched to the on-call officer.
4.2.a
Packet Pg. 15 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
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In the event that the phone system at the shelter should be inoperable for a period,
the calls received from the public will be transferred to and answered by the local
answering service and dispatched to the officers.
(o.) Responding to Crowing Fowl Complaints. AFV will handle crowing fowl calls as
a public nuisance. AFV will handle calls accordingly.
(p.) Responding to Non-Vector Related Animal Calls. AFV will not provide vector
control for rats, mice, etc. AFV will provide information to the public for vector control,
bee keeping, etc. AFV will trap and remove skunks, opossums, raccoons, etc.
(q.) Potentially Dangerous Dog Hearings. AFV will notify the dog owner(s) and the
public of upcoming potentially dangerous dog hearings. AFV will conduct the hearings
and make a determination based on the facts presented at the hearing. AFV will send
the Order After Hearing to all participants that attending the hearing. AFV will set the
guidelines for the keeping of said animal (if the dog is deemed potentially dangerous).
AFV will continue to monitor the situation to ensure the guidelines are being adhered
to.
If the guidelines are not adhered to AFV will impound the animal for public safety and
petition the courts for a menacing dog hearing to determine the fate of the animal.
(r.) Public Nuisance Hearings. AFV will notify the pet owner and the public of
upcoming public nuisance hearings. AFV will conduct the hearings and will make a
determination based on the facts presented at the hearing. AFV will send an Order
After Hearing within 10 days to the pet owner and all parties that attended the hearing.
(s.) Animal Cruelty / Neglect Complaints. AFV will respond immediately to all reports
of animal cruelty or neglect. AFV will proceed under Penal Code 597 to prosecute all
persons found to be abusing/neglecting animals. AFV will file all charges and appear in
court as necessary to assist the District Attorney in the prosecution.
3. Company and Organization
Animal Friends of the Valleys is a non-profit 501(c)3 organization. AFV was formed
in 1987 for the purpose of promoting humane care of animals.
AFV has been providing animal control and shelter services to the City of Lake
Elsinore since October 1, 1988. AFV has sheltered the animals for Riverside
County Animal Control Services (RCAC) from Corona to the San Diego border
since October 1, 1988.
Over the last 32 years, AFV has been awarded the animal control and sheltering
contract for the Cities of Canyon Lake, Murrieta, and Temecula. In August 2009
4.2.a
Packet Pg. 16 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
- 7 -
AFV contracted with the City of Wildomar to provide animal control and sheltering
for the city’s animals. AFV has provided animal control and sheltering for the Pala
& Rincon tribal halls. AFV is currently providing animal control and sheltering on an
as-needed basis with the Pauma Indian tribal hall. On July 1, 2010 AFV contracted
to provide animal control services to the City of Menifee.
AFV has a six-member board of directors.
AFV currently employs eighty-eight (88) full and part time dedicated employees.
The animal control officers all attend the humane training academy and have all
satisfied the requirements prescribed by the Commission on Peace Officer
Standards and Training under Penal Code 832.
AFV has a proven track record with over thirty-two (32) years successful experience
in the operation of an animal shelter. Last year AFV cared for over 8,609 dogs and
cats in the shelter and served an area population of over 450,000 people.
AFV provides animal control services to the cities of Canyon Lake, Lake Elsinore,
Menifee, Murrieta, Temecula, and Wildomar. Those services include, but are not
limited to, enforcement of ordinances, impounding, quarantining, and isolating
animals that have bitten, humane home and shelter euthanasia, licensing animals
and providing databases of information about these animals.
AFV currently operates two locations. The AFV Low Cost Spay/Neuter Clinic is
located at 29001 Bastron Ave. in Lake Elsinore, California approximately 15 miles
from the City. The animal shelter is located at 33751 Mission Trail, Wildomar,
California.
The contracted cities and county receive a direct financial benefit of the nonprofit
function of AFV through our humane education, monthly low cost vaccination clinic,
low income food giveaway and spay/neuter programs that are offered without
additional costs to the cities and county. These programs are funded with donations
made by AFV’s generous charitable donors and fundraising efforts.
AFV maintains a database of information regarding animals and their owners. All
information required to license an animal is entered into a fully computerized system
that tracks the owner, animal, license and rabies information where it can be easily
accessed. Animal control officers and supervisors keep a log of time that is spent
on each city’s services. The animal control department enters all calls that are
received along with the outcome of the calls on the computerized system. All
monies are collected and deposited into a local bank with backup paperwork filed.
Monthly financial statements are prepared in conformity with generally accepted
accounting principles in the United States of America.
4.2.a
Packet Pg. 17 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
- 8 -
4. Organization and Staffing
Upper management is limited and consists of an Executive Director, Chief Animal
Control Officer, Director of Animal Care, Director of Administration, and Director of
Donor Development.
In 2018, the shelter was supported by 3,808 enthusiastic volunteers, who
contributed over 14,747 hours of their time for the animals. The officers rotate
between all of the cities that AFV serves. AFV employs ten (10) animal control
officer and three (3) dispatchers.
QUALIFICATIONS OF STAFF:
Applicable Supervisory Staff:
Monica Wylie
Executive Director (AFV 6 months)
A seasoned animal welfare advocate, Wylie brings to the position more than 15
years’ experience at The Humane Society for Tacoma & Pierce County in Tacoma,
Washington where she most recently served as Deputy Director. Under her
visionary leadership, Wylie launched a series of successful partnerships and
programs for (at one point) the largest open admission shelter in the state of
Washington. During her tenure at The Humane Society, Wylie served as a guest
speaker at numerous national and regional animal welfare conferences including
The Humane Society of the United States (HSUS) Regional Cat Symposium, HSUS
Animal Expo and the Million Cat Challenge. She hopes to continue to partner with
businesses and organizations within Southwest Riverside, strengthening the
community by supporting the humane care of animals and fostering the human-
animal bond.
Monqunec Middleton
Chief Animal Control Officer (AFV 16 years)
Prior to her employment with AFV, Ms. Middleton was the office manager and lead
veterinary technician for Sunnymead Animal Hospital for 20 years. She has
extensive knowledge of animal husbandry, proper handling, and restraint of all
animals, disease control, and proper animal care.
For the past nine years, Ms. Middleton has been employed by AFV. She held the
position of animal control officer until she was appointed as the Field Operations
Supervisor/ Hearing Officer. She is responsible for on-site officer training. She
currently oversees eight animal control officers.
4.2.a
Packet Pg. 18 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
- 9 -
She is certified in euthanasia, asp/baton and Oleoresin Capsicum Defense Spray.
Kathy McIntire
Director of Administration- (AFV 12 years)
Ms. McIntire oversees all administrative duties including all data entry, processes
accounts payables and receivables and billing for six cities and RCAC. She
manages licensing databases and oversees all aspects of the citation department
for six cities.
Ms. McIntire has a proven track record of accurately completing research, reporting,
information management, and business-development efforts within budget
requirements. She is adept at developing and maintaining detailed administrative
and procedural processes that reduce redundancy, improve accuracy and
efficiency, and achieves organizational objectives.
5. Additional Information:
From July 1, 2017 to estimated June 30, 2020, AFV is estimating to having sold
15,741 licenses totaling $493,275 and issued $94,446 in citations and notices of
violations within the City jurisdiction, to offset the contract costs. During this same
period, AFV has driven 154,702 miles, responded to16,172 regular calls totaling
12,682 hours and 2,264 after hour calls.
For 2017, 2018 and 2019, AFV has taken on the responsibility for 1,133 owner turn
in animals from the City and housed at the SCFA shelter in Wildomar.
6. Acceptance of Conditions and Agreement and Insurance
AFV accepts all conditions listed in the request for proposal. AFV will provide
quality animal control services. AFV will provide personnel that is trained, qualified
and authorized to enforce all laws, rules and regulations, operate all necessary
equipment, be certified as required by law, recognize animal breeds, diseases and
injuries, and shall be competent to administer first aid in the field.
AFV maintains public liability and property damage insurance for not less than
$1,000,000 per occurrence, $1,000,000 personal and injury, $2,000,000 general
aggregate. AFV maintains automobile liability insurance in the amount of
$1,000,000. Said insurance is through CorMarc Insurance, 25220 Hancock Ave.
#200, Murrieta, CA 92562. AFV maintains Workers Compensation insurance
through CompWest, P.O. Box 40790, Lansing, MI 48901.
AFV officers, employees and agents of AFV, will work in an independent capacity
and not as officers or employees of City.
4.2.a
Packet Pg. 19 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
- 10 -
Exhibit A
Compensation Schedule
Field Services:
Two designated animal control officers for coverage for the City, eight hours per day
each. $65.00 per hour.
After hour calls including nights, weekends, and holidays. $97.50 per hour.
Administrative costs (such as, but not limited to, hearing officer, attending meetings,
compliant resolution, etc.) $65.00 per hour.
Two animal control vehicles, fuel, maintenance, etc. $.95 per mile.
Pick up of Livestock - $100.00 per head, use of horse trailer - $65.00 per load
Licensing:
AFV shall retain $7.00 of each individual dog license sold.
AFV shall retain ½ of all kennel/cattery licenses.
Veterinarian Services:
Emergency veterinarian services (as needed). Fee to be passed on based on
charge from negotiated pricing from veterinarian.
ESTIMATED COST:
AFV estimates animal control services including field services, licensing, and
veterinarian services to be estimated at:
Option 1: A monthly fee service charge of $32,000 with a credit back for
licensing/citations. This will include a 2.5% cost of living increase per year.
This option consists of a total year amount $384,000, with an offset of
licenses/citations collected in the estimated amount of $150,000, netting
estimate cost of $234,000 per year.
Option 2: A flat monthly charge of $19,500, with AFV retaining all
licensing/citations fees collected for the month. This option consists of a total
yearly amount $234,000 giving the City a flat amount that can be budgeted
for each month. No cost of living increase.
4.2.a
Packet Pg. 20 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
Animal Friends of the Valleys, Inc.
- 11 -
Exhibit B
Priority of Field Services
An Animal Control Officer will respond to medical emergencies and other
emergencies involving danger to humans within 30 minutes or less during regular
service hours, Monday through Friday, 8:00 a.m. - 5:00 p.m. and within 60 minutes
or less after regular service hours, on Saturdays and Sundays and holidays.
Response time to non-emergency calls will be within 24 hours. Barking dog and
public nuisance complaints will be handled within 72 hours.
Emergency calls - During regular service hours
PRIORITY ONE: To be handled immediately.
a. Animals endangering health or safety of the public
b. Aggressive stray animals at large
c. Animal bites, involving animals at large
d. Sheriff, police, fire request for emergency service
e. Animal cruelty/neglect complaints
PRIORITY TWO:
a. Sick or injured stray animals
b. Animals in distress
c. Humane investigation-life threatening
d. Livestock or equine at large
PRIORITY THREE:
a. Dead animals on public property
Emergency calls & after regular service hours - To be handled immediately:
a. Animals endangering health or safety of the public
b. Sheriff, police, fire request for emergency service
c. Aggressive stray animals at large
d. Animal bites, involving animals at large
e. Sick or injured stray animals
f. Animals in distress
g. Humane investigations- life threatening
Non-emergency calls
a. Impound of confined stray animals
b. Quarantine of confined, owned animals
c. Quarantine release of biting animals
d. Leash law enforcement
e. Permit investigations
f. Humane investigation- non life threatening
g. Public nuisance investigations
4.2.a
Packet Pg. 21 Attachment: AFV Field Service Proposal 2020 (2466 : Animal Field and Sheltering Services for FY 2020-2021)
4.2.b
Packet Pg. 22 Attachment: County Sheltering Proposal (2466 : Animal Field and Sheltering Services for FY 2020-2021)
4.2.b
Packet Pg. 23 Attachment: County Sheltering Proposal (2466 : Animal Field and Sheltering Services for FY 2020-2021)
4.2.b
Packet Pg. 24 Attachment: County Sheltering Proposal (2466 : Animal Field and Sheltering Services for FY 2020-2021)
4.2.b
Packet Pg. 25 Attachment: County Sheltering Proposal (2466 : Animal Field and Sheltering Services for FY 2020-2021)
CITY OF MENIFEE
SUBJECT: Measure DD Repeal Impact Report
MEETING DATE: May 14, 2020
TO: Mayor and City Council
PREPARED BY: Jeff Wyman, Assistant City Manager
REVIEWED BY: Jeff Wyman, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Receive and file.
DISCUSSION
At the April 15, 2020, City Council meeting, Council received an agenda report on an initiative
petition and Measure DD repeal update. At the meeting, Council requested staff bring back a
report per Elections Code Section 9212 on the possible impacts of the Measure DD repeal
initiative.
Measure DD Background: Voter-approved, locally-controlled funding
In 2016, in response to ongoing and future projected structural budget deficits, and after
assessing community priorities for maintaining local essential services, the City of Menifee
placed Measure DD on the ballot for voter consideration (see attached ballot language). The
measure, which was a proposed one percent (1%) sales tax, was overwhelmingly approved by
over two thirds (67%) of Menifee resident voters. One of the benefits of the sales tax measure,
unlike a parcel or property tax, is that it is not supported by Menifee residents only, that is, those
outside the city help with the revenue production when they come into the city and buy items
from Menifee merchants and restaurants. Additionally, Measure DD provides locally controlled
funding that is not subject to state takeaways.
Accountability Components:
Measure DD funds are required to remain local and are not subject to state takeaways. An
independent Citizen Oversight Committee provides review of Measure DD budgets and uses,
and makes recommendations to the City Council to ensure the funds are utilized as identified in
the measure. Specifically, Measure D funds pay for critical City services, including public safety
(Police and Fire services), and current and future infrastructure needs.
4.3
Packet Pg. 26
City of Menifee Staff Report
Measure DD Repeal Impact Report
May 14, 2020
Page 2 of 5
Fiscal and Community Impact:
Since January 1, 2017, Measure DD has provided over $33M (through FY 19/20) to exclusively
support Menifee critical services, including adding a medic truck and personnel to Fire Station
No. 7, transitioning to a municipal level of staffing for the Fire Department, purchasing a
replacement $1 million ladder truck, and implementing numerous infrastructure, road safety and
Capital Improvement Projects (CIP). Measure DD has also been fundamental in the City’s
implementation of its own Police Department, which will deliver a 67% increase in officer hours
to serve the growing Menifee community.
In FY 2019/2020 and FY 2020/2021 alone, Measure DD helped fund:
Critical Service FY 2019/2020 Proposed FY 2020/2021
Riverside County Sheriff $ 3,573,072
Menifee PD 3,361,677 $4,331,254
Fire Department 3,091,526 3,603,950
Code Enforcement 363,725 302,396
Infrastructure/Capital Road Projects 1,905,174 2,059,400
Total: $12,295,174 $10,297,000
* Partial Year
** Projected
Measure DD Revenue
4.3
Packet Pg. 27
City of Menifee Staff Report
Measure DD Repeal Impact Report
May 14, 2020
Page 3 of 5
Police Department and Measure DD: The table above shows that the proposed budget for
Fiscal Year 2020/2021 anticipates expenditure of $4,331,254 in Measure DD funds toward
Menifee Police Department operations. That amounts to 31 patrol officers or equivalent
positions, 174 less patrol hours per day, and with that would come longer 911 emergency call
response times, fewer neighborhood patrols, among other potential reductions in service. If the
Measure DD Repeal Measure passes, that $4,331,254 will no longer be available for
expenditure on Police Department operations. Additional items that would be at risk could be
the dispatch agreement with the City of Murrieta, and elimination of the volunteer Citizen Patrol
program, and/or other possible operational cuts.
Fire Department and Measure DD: Similar to the above, a loss of $3,603,950 in Measure DD
funding anticipated for use on fire services equates to a loss of the Station No. 7 medic squad
truck and five (5) personnel, the additional medic squad truck for another station in the city, the
elimination of a medic engine and associated six (6) personnel, and likely another four (4)
position cuts (15 total fire personnel cuts). These cuts are so deep that it may be necessary to
close an entire fire station, rather than cutting staff in all of the existing fire stations. Either way,
this level of service reduction would extend response times on 911 emergency fire and medical
calls, reduce fire protection services, and subject the Department to potential additional service
reductions.
Infrastructure and Measure DD: For the Code Enforcement Department, the $302,396 in
Measure DD funding is programed to support three (3) code enforcement officers to enforce the
city’s municipal code to help with beautification efforts and to keep the city safe. The loss of this
funding would likely eliminate these three positions.
Additionally, the City has many infrastructure and CIP needs, with Measure DD being the
needed final gap-funding on many essential projects. These projects include the Scott Road
Interchange, Holland Road Overcrossing, Bradley Bridge, Sidewalk and American’s with
Disability Act (ADA) sidewalk safety projects, new traffic signals, street safety/improvement and
resurfacing projects, and other projects across the City to improve traffic congestion and keep
the streets and roadways of Menifee safe. Completed Measure DD projects include:
CIP18-01: Rustler’s Ranch Phase 1 – Street Resurfacing, ADA Retrofit Project
CIP18-02: Murrieta Rd. Resurfacing (Rouse to Ethanac) – Street Resurfacing, ADA
Retrofit Project
CIP18-05: Missing Sidewalks – Holland Rd., Craig Rd., Menifee Rd., Sherman Rd.,
McCall Blvd. (east and west of Junipero Rd.), Newport Rd.
CIP18-08: Adams Street Phase 1 – Street Widening
CIP19-01: Rustler’s Ranch Phase 2 – Street Resurfacing, ADA Retrofit Project
PMP19-01: Miralago/Lakepointe Street Resurfacing – Street Resurfacing, ADA Retrofit
Project
CIP19-08: Encanto Neighborhoods Street Resurfacing – Street Resurfacing, ADA
Retrofit Project
If the estimated annual $12 million in Measure DD funding, projected over $56 million over five
years, was eliminated from the City’s budget, it would have far reaching effects on city services.
These issues will be compounded, given the fiscal uncertainty, and unanticipated cost increases
caused by the COVID-19 crisis, which is anticipated to result in significant sales tax decreases
4.3
Packet Pg. 28
City of Menifee Staff Report
Measure DD Repeal Impact Report
May 14, 2020
Page 4 of 5
in the coming two fiscal years (at least), and will likely negatively impact property tax revenues
in the years that follow. The federal government has not yet provided aid directly to local
agencies (other than cities over 500,000), and given the State of California’s $60 billion budget
shortfall (also resulting from COVID-19), it is unlikely that the City will receive significant relief
from the State. In short, no city can expect at this time adequate, or even any, recovery
assistance from the state or federal government.
Losing the over 17% of City’s revenues generated by Measure DD would be too much to
entirely cut from the above noted departments alone. To keep those departments operating at a
reduced, but still functional, level, it will be necessary to “spread the pain” to other departments,
including community services, parks and programs, economic development, emergency
services, development departments and fire marshal’s office, animal services. It may also be
necessary to cancel or delay many of the City’s scheduled road and traffic improvement
projects. Those near-term cuts would be followed by years of under-funded budgets causing
major limitations in providing essential services to residents, the inability to recruit quality and
experienced personnel, and possibly culminating in annual structural deficits.
Furthermore, the estimated cost for a Ballot Measure on the November 3, 2020 ballot is
estimated to be between $40,000 – 50,000, paid for entirely by the City.
* Projected
Measure DD 5 Year Projections
4.3
Packet Pg. 29
City of Menifee Staff Report
Measure DD Repeal Impact Report
May 14, 2020
Page 5 of 5
Additional Impacts:
The impact on the community’s ability to attract and retain business and employment would also
be at risk if Measure DD was repealed, as it is reasonable to conclude that this would affect the
speed of industry coming into the City to produce local jobs to increase the quality of life of
residents.
The Corporation for Enterprise Development (CFED) has issued a series of reports grading
states and cities on the traits that attract high-wage, high-value-added industry. According to
CFED, the factors that businesses look for include the quality of life in the community, a good
supply of highly skilled and educated workforce to fill demanding technical and management
positions, good roads and adequate transportation, low crime, and the quality of health care.
Without the investments in Public Safety and Infrastructure through Measure DD, attracting and
retaining businesses and employment has an extremely low probability, possibly halting
investments already made in the City by stakeholders, and of its residents. This can directly
stagnate property values in the City, and increase the difficulty to attract quality businesses that
Menifee residents and even “new” residents expect of a new city, which also includes the
opportunities for night life, and entertainment within the City.
When comparing the City before and after Measure DD, the measure seems to have enabled
the City to begin to market a more “prosperous” City with key projects being completed, easing
traffic, beautifying roads and needed roadway improvements, and enhancing public safety,
which can be correlated with industry attraction and commercial development in the City.
FISCAL IMPACT
It is a straightforward fact that the impact of the Measure DD repeal measure, if successful in
eliminating an estimated $12M annually, over $56M over five years, in City revenues, would
substantially reduce the City’s ability to provide critical public safety services and infrastructure
projects, and likely require a cut to other traditional and quality of life services and projects.
Since the potential loss of revenue would directly affect emergency and critical service delivery
to existing residents, the loss of revenue would most likely cause an immediate fundamental
shift in how the City views new residential growth. We have grown to 97K residents (according
to latest DOF numbers) from 89K when Measure DD was passed. In order to decelerate growth
to enable the city’s ability to support emergency public services, strict measures will need to be
in place to phase-in residential development based on the city’s ability to support needed
services. Those measures may include higher impact fees, development user fees, expensive
conditions of approval for infrastructure, revisiting of a Public Safety City-Wide Assessment or
CFD, making the cost of housing more expensive. On the extreme side, in order to protect
existing citizens and businesses, the city would be faced with the reality of possibly
implementing a development moratoria on any new residential development that causes a
greater impact to public services until such time as the city’s economic conditions improve from
other revenue sources such as retail and user fees.
ATTACHMENTS
1. Ballot Language
4.3
Packet Pg. 30
NOTICE OF MEASURES TO BE VOTED ON
NOTICE IS HEREBY GIVEN that the General Municipal Election is to be held in the City of
Menifee on November 8, 2016, at which there will be submitted to the voters the following
measures:
MENIFEE PUBLIC SAFETY/TRAFFIC CONGESTION RELIEF/VITAL CITY
SERVICES MEASURE. Shall Ordinance 2016-199 of the City of Menifee to
reduce traffic congestion; improve/repair local
interchanges/overpasses/streets/roads/bridges/potholes; maintain local
police/fire protection/paramedics/9-1-1 emergency response times;
prevent cuts to senior/disabled/youth programs; and provide other general
services by enacting a one-cent sales tax providing $6.2 million annually
until ended by voters; requiring annual independent audits, all funds spent
locally, be adopted?
YES
NO
4.3.a
Packet Pg. 31 Attachment: Ballot Language (2497 : Measure DD Repeal Impact Report)
CITY OF MENIFEE
SUBJECT: Measure DD Repeal Initiative
MEETING DATE: May 14, 2020
TO: Mayor and City Council
PREPARED BY: Sarah Manwaring, City Clerk
REVIEWED BY: Sarah Manwaring, City Clerk
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
To do one of the following:
1) Adopt the proposed ordinance, repealing Measure DD, without alteration; or
2) Authorize the City Clerk to prepare resolutions to submit the proposed ordinance,
repealing Measure DD, without alteration, to the voters at the City’s General Municipal
Election on November 3, 2020 and bring back to Council for adoption.
DISCUSSION
On April 15, 2020, the City Clerk, serving as the Elections Official, certified the sufficiency of the
Measure DD Repeal Initiative. At that time, the City Council asked staff to prepare a report on
the effect that the proposed initiative would have on the City of Menifee. The report will be
presented at the special meeting held on May 14, 2020.
The City Council’s next step is to either adopt the proposed ordinance without alteration; or to
authorize the City Clerk to prepare resolutions authorizing the ordinance be submitted, without
alteration, to the voters at the November 3, 2020 general municipal election.
If authorized, the City Clerk would prepare resolutions calling and giving notice of the holding of
a general municipal election on Tuesday, November 3, 2020 for submission of the proposed
ordinance and a resolution providing for filing of written arguments, regarding the Measure DD
Repeal Initiative and directing the City Attorney to prepare an Impartial Analysis. Although
optional, the City Council may also authorize the City Clerk, to prepare a resolution providing for
filing of rebuttal arguments. The City Clerk can provide the necessary resolutions at the June 3
regular City Council meeting.
FISCAL IMPACT
4.4
Packet Pg. 32
City of Menifee Staff Report
Measure DD Repeal Initiative
May 14, 2020
Page 2 of 2
The estimated cost received from the Riverside County Registrar of Voters is $40,000-50,000
for the ballot measure to be placed on the November 3, 2020 ballot. Funds for the November 3,
2020 Election is budgeted in the FY 20/21 City Clerk’s Election Account No. 100-4113-52805.
ATTACHMENTS
1. Notice of Intent and Proposed Ordinance
4.4
Packet Pg. 33
John D. Smelser
29334 Castaway Court
Menifee, CA 92585
iohnsmelser@g mail. com
(9s1) 67s$442
September 6, 2019
Anne Pica
27231 Coronado Way
Menifee, CA 92586
annpica3@gmail.com
(9s1) 246 4806
t'8,,iI#:fl^.
sEP 0 6 I/JB
Rece,yed {
Ms. Sarah Manwaring
Office of the Gity Clerk
City of Menifee
29&4,4 Haun Road
Menifee, GA 92586
Subject Notice of intent to circulate a petition to Repeal Menifee Municipal Code 3.26: Transactions and Use
Tax in its entirety
Dear Ms. Manwaring:
Nolice is hereby given by the persons whose names appear hereon of their intention to circulate the petition
within tho City of Menifue for the purpose of submitling an initiative measure to a vote of the people. A
statement ofthe reasons ofthe proposed adion as contemplated in the pelition is as follovs: Votes ofthe City
ofMenifee approved a t% sales tax increase on November 8,2016. The measure was placed on the ballot by
the Menifue City Council predicated on the loss of motor vehicle license fee rwenue (MVLF) under Senate Bill
89 (SB 89) in 2011 . Subsequent to passage of the measure, the Governor restored Menifee's MVLF thereby
rnaking the 1% salqs tax increase completely unnecessary.
The text of the initiative measure is set forth below:
The Peode of the City of Menifee hereby ordain as follows: Chapter 3.26 of the Menifee Municipal Code which
was enacted as Ordinance 201G199 on November 8, 2016 is hereby repealed.
CHAPTER 3.26: TRANSACTIONS AND USE TAX
Section
3.26.010 'l'itle 3.26.020 Operalive date 3.26.030 Purpose 3.26.040 Contmct with state 3.26.050 Transaction
tax rate 3.26.060 Place of sale 3.%.070 Use tax rate 3.26.080 Adoption of provisions of state law
3.26.090 Umitations on adoption of state law and collection of use taxes 3.26.100 Permit not required
3.26.110 Exemptions and exclusions 3.26.120 Amendrnents 3.26.130 Enjoining colleclion fortidden
3.26.140 Usetax proceeds 3.26.150 Annual audit 3.26.160 Terminalion date
3.26.010 TITLE. This chapter shall be known as the Menifee Transactions and Use Tax Chapter. The City of
Menifee hereinafter shall be called 'city." This chapter shall be applicable in the incorporated territory ofthe city.
(Ord. 2016-199, passed 11€-2016)
3.26.020 OPERATIVE DATE. OPERAflW DATE rneans the fist day of the fist calendar quarter commencing
more than '110 days after the adoption ofthis chapter, the date ofsuch adoption being as set forth below. (Ord.
20't6-1 99, passed 1't{-20 16)
3,26.030 PURPOSE. This chapter is adopted to achieve the following, among other purposes, and direcF that
the provisions hereof be interpreted in order to accomplish those purposes:
(A) To adopt a retail transaclions and use tax in accordance with the provisions of Part t.6 (commencing with
$ 7251) of Division 2 of the Cal. Revenue and Taxalion Code and $ 7285.9 of Part 1.7 of Division 2 which
authorizes the city to adopt this tax ordinance which shall be operative if a rnajority of the electors voting on the
rneasure vote to approve the imposition ofthe tax at an election called for that pupose;
(B) To adopt a retail transaclions and use tax ordinance that incorporates provisions identical to those of the
Sales and Use Tax Law ofthe State of Califomia insofar as those prorisions are not inconsistent with the
requirements and limitations contained in Pad 1.6 of Division 2 ofthe Cal. Revenue and Taxation Code:
(C) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore
that can be administered and collected by the State Board of Equalization in a manner that adapts ibelf as fully
as practicable to, and requires the least possible deviation from, the existing statutory and adnfnistrative
procedures followed by the State Board of Equalizalion in administering and collec{ing the Calibmia State Sales
and Use Taxes;
(D) To adopt a rotail transactions and use tax ordinance that can be administered in a manner that will be, to
4.4.a
Packet Pg. 34 Attachment: Notice of Intent and Proposed Ordinance (2485 : Measure DD Repeal Initiative)
the greatest degree pGsible, consistent with the provlsions of Pad 1 .6 of Division 2 of the Cal. Revenue and
Taxation Code, nininize the cost of collec'ling the transadions and use taxes, and at the same time, minimize
the burden of record keeping upon persons su$ect to taxalion underthe provisions of this chapter.
(Ord. 201S'l99, passed 1 1{-2016)
326.040 CONTRACT WTH STATE. Prior to the operative date, the city shall contract with the State Board
of Equalization to perfom all functions incident to the administration and operation of this transaction and use
tax ordinance; provided , that if the city shall not have confacted with the State Board of Equalizafion pdor to the
op€rative data, it shall neve heless so contract and in such a case lhe operalive date shall be the first day of
the first calendar qua er following the execution of suct a contact. Ord.201&199, passed 11-&2016)
3.26.050 TRANSACTION TAX RATE. For the privilege of selling tangible personal property at retail, a tax b
hsreby inposed upon all retailels in th6 incorporated tedtory ofthe city at the rate of 1% oftho gross receipts of
any retailer from the sale of all tangible personal property sold at retail in said te[itory on and after the operalive
date of this chapter. (Ord.2014199, passed 11{-2016)
3.26.060 PTACE OF SALE. For the purposes of this chapter, all retail sales are consumrnated at the plac€ of
business of the retailer unhss the tangible personal property soH is detyered by the rebiler or his or her ag6nt
to an out-oFstate destination or to a oommon canier br delivery to an out-of-state destination. The gro6s
receipts from such sales shall include delivery crtarg€s, when suct charges are suuec't to the state sales and
use tax, regardless of the dace to which dolivery is made. ln the event a retailer has no pernanent plaoe of
business in the state or has more than one place of business, the place or places at which the retail sales are
consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board
of Equalizalion.
(Ord. il1e199, passed 11$-2016)
3.26.070 USE TAX RATE. An excise tax is hereby impeed on the storage, use or other oonsumption in the
incorporated tenitory of the city of tangible personal property purchased from any retailer on and after the
operative date of this chapter for storage, use or other consumption in said tenitory at the rate of 1% of the sales
price of the property. The sales pfce shall include delivery chaqes when such charges are subject to state
sales or use ta( regadl€ss of the place to which delive.y is made. (Ord.201G199, passed l1€-
2016)
3.26.080 ADOPT|ON OF PROVISIONS OF STATE LAW. Except as otheuise provided in this chapter and
except irsofar as they are inconsistent with the provisions of Part 1.6 of DMsion 2 ofthe Cal. Revenue and
Taxalion Code, all of the prwisions of Part 1 (conunencing with S 6{Dl) of Division 2 of the Cal. Revenue and
Taxation Code are hereby adopted and made a part of this chaEer as though fully set furth herein.
(Ord. 201e199, passed 11-8-2016)
3.26.090 LIMITATIONS ON ADOPTION OF STATE I.AWAND COLLECTION OF USE TAXES.
ln adopting the provisions of Part 1 of Division 2 of the Cal. Revenue and Ta)(ation Code:
(A) Wherever the State of Califomia is named or refened to as the taxing agency, the narne of the city shall be
subslituted therefor. Hourever, lhe substitution, however, shall not be made when:
(1) The word 'State'is used as part of the litle ofthe State Gontoller, the State Treasurer, the State Boa;d
of Control, the State Board of Equaliation, the State Treasury, or the Constitution of the State of Calitomia;
(2) The result of that substitution vyouH require aciion to be taken by or against the city or eny agency,
officer, or employee thereof rather than by or against the State Boad of Equalizalion, in performing the
funclions incident to the adminis{ration or operation of this chapteq
(3) ln those sec'tions, including, but not necessarily limited to, seclions refer ng b the exterior boundaries of
the State of Califomia, where the result of lhe substihlion wouH be to:
(a) Provide an exemption from this tax with respect to certain sales, storage, use or other consumplion of
tangible personal property which rvould not otherwise be exempt from this tax while such sales, storage, use or
ofter consumption remain subiect to ta( by the State under the provisions of Part 1 of Elivision 2 of the Cat.
Revenue and Taxalion Code; or
(b) lmpose this tax with respect to certain sales, storage, use or otlrer oonsumplion of tangible personal
property which would not be subject to tax by the state under the saU prwisions of that Code;
(4) ln Cal. Revenue and Taxation Code SS 6701, 6702 (expec't in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828.
(B) The word 'City' shall subslitLrted br the word 'State' in the phrase "retailer engaged in business in this
State" in Cal. Revenue and Taxalion Code S 6203 or in the definilion of that phrase in Cal. Revenue and
Taxation Code S 6203. (Ord.201R199, passed 11+2016)
3.26.100 PERMIT NOT REQUIRED. lf a selleCs pernit has been issued to a retaller under cal. Revenue and
Texation Code S 6067, an additonal transacto/s permit shall not be requircd by this chader.
(Od. 201S.199, passed 11€-2016)
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Packet Pg. 35 Attachment: Notice of Intent and Proposed Ordinance (2485 : Measure DD Repeal Initiative)
3.26.110 EXEMPTIONS AND EXCLUSIONS. (A) There shall be excluded from the rneasure of the
fansactions tax and the use tax the amount of any sales or use tax imposed by the State of California or by any
city, city and county, or county pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law orthe
arxrunt of any state-sdninistered tansactions or use tax.
@) There aie erempted from the computation of tho amount oftransadions tax the gro6s receipb fiom:'(1)SalesoftangiblepeBonal proporty, otter lhan fuel or petroleum ploducts, to the operaloB of aircrafl to
be ulid or consumed principally ouSiae Ure county in which the sale is tnade and dirocty and exclusively in the
use of sucfi aircrafi as @mmon cariies of pesons or property under the authority of the lanvs of ttris state, the
United S-tates, or any foreign government.
(2) Sales of property to be used outside the city which is shipped to a poir outsHe the city, pursuant to the
-ntrjct of ob,-by delivery to such point by the rehiler or his or her agent, or by delivery by the retailer to a
canier fior shiplnem to a cdnsbnee it suct point. For the purposes of this division, delivery to a point oubide the
city shall be salisfied:
(a) wiflr respect lo vehicles (other than commercial vehicles) subjed to registralion.pursuant to Chapter 1
(comrirdnAng with Section 4000) of Division 3 of the Cal. Vehicle Code, aircrafr licensed in compliance with Cal.
iublic ulilities Code g 21411 , and undocumented vesseb registered under Division 3.5 (commencing with S
9840) of the Cal. Vetride Code ty regi€tration to an out-of-city address and by a dechration under penalty oJ
perjury, signed by the buyer, staling that such address is, in fact, his or hor principal place of rssidence; and' -
ib) tiritt rdpec.t to bmmerciil vehides, by regisfration to a place of business out-of-city and declaration
under'penalty of perjury, signed by the hryer, that the vehicle tvill be operated from that addr,ess.
(glfne sae it tindiue personal property if the seller is obligated to tumish the property tur a fixed price
pursuant to a @ntract entered into plior to the opeEtive date of this chapter.
(4) A lease oftangible personal Eoperty which is a continuing sale of sucfi propelty, for any period of time
for which the lessor is obligated to leasil ttri property for an amount fued by the lease plior to the operalive date
of this chapter.
(S) Foi Ue purposes of dividons (BX3) ard (rt) of thb sec'lion, lhe sale or lease of tangible pelsonal proPrty
snai 6e Oeem& nbt to be oblgated pursuant to a contract or lease for any period of tirne for which any party to
the contract or lease has the uncondilional right to teminate the contract or lease upon nolic€, whether or not
such right is exercised.
1C1 liere are exemded from the use tax imposed by this chapter, the slorage, use or other @nsumption in
the city of tangible pelsonal prcperty:(lite gross r6ceipts from the iale of which have been subject to a transac{ions tax under any state-
administercd transadions and use tax ordinance.
(2) Other than tusl or petroleum products purchased by operatoE of aircrafi and used or consumed by such
operaios direcily and exclusively in ihe use of such aircraft as common carliers of pelsons or Fopelty for hire
oi compensAion under a ce ificate of public convenience and necsssity issued pulsuant to tfie laws of this
State, ti\e United States, or any foreign goremment. Thb exenption is in addition to the exemptions provided in
Cal. Revenue and Taxation Code SS 6365 and 6366.1.
(3) lfthe purchaser is obligated to purchase the property for a fixed plice pulsuant to a contac't ente.ed into
prior to the operalive date of this cfiapter.' (a) f the 'possession of, or the exercbe of any dght or poyrer over, the tangible peEonal Eoperty alises
undiia leas6 which is a conlinuing purchase of such property for any period of lime for which the lessee is
obligated to lease the property for an amount fixed by a lease prior to the operalive date of this ciapter.
iS) For tre purpces of divisions (CX3) and (4) of this sec.tion, storage, use, or other consumplion, or
posiesson of, or ex€rcise of eny rigtrt or porver over, tangible perconal property shall be deemed not to bo
bOtigated pursuant to a contract'or lease fur any period of time fur which any party to tho contacl or lease has
the -unconbibonal right to teminate the contract or lease upon notice, whelher or not sucfi right is exerdsed.
(6) Excoil as provided in division (C)O), a retail€r engaged in business in the city shall not be required to
cotteci use tax nom the purchaser of tar€ible personal property, unless lhe retailer ships or deliveis the property
into the city or participates within the city in making the sale of the property, induding, but nol limited to,
soliciting oi receMng,the order, either directly or indiredly, at a place of business ofthe retailer in the city or
through-any representative, agent, canvasser, solicitor, subsidiary, or percon in the city underthe authotity of
the retailer.
CD "A retailer engaged in business in the city" shall abo include any retailer of any of the follou,ing: vehides
subje& to registation pursuant to Chapter 1 (commendng with Seclion 4q)0) of Division 3 of the Cal. Vehicle
Corie, aircraft fcensed in complianc€ with Cal. Public Wities Code S 2141 1, or undocurnented vessels
registered undsr Division 3.5 (clmmencing with $
g84O) ofthe Cal. Vehide Code. That retailer shall be required to collec-t use tax from any purchaser who
4.4.a
Packet Pg. 36 Attachment: Notice of Intent and Proposed Ordinance (2485 : Measure DD Repeal Initiative)
registers or licenses the vehid6, vessel, or aircraft at an address in the city.
(D) Any person subject to use tax urder this cha er may ffedit against that tax any fansaclions tax or
reimbursement for transac{ions tax Fid to a district imposing, or retailer liable for a tansactions tax pursuant to
Part 1 .6 of Division 2 of the Cal. Rwsnue and Taxation Code with respect to the sale to the person of the
property the storage, use or other consum ion of whicfi is subjec't to the use tax.
(Ord. 201R199, psssed 11{-2016)
3.26.120 AMENDMENTS. All amendmenb subsequent to the etuive date of this chapter to Patt 1 of Dvision
2 of the Cal. Rsvenue and Taxation Code relating to sales and use taxes and which are not inconsistent with
Part 1.6 and Part 1.7 of Division 2 of the Cal. Revenue and Taxation Code, and all amendments to PaIt 1.6 and
Part 1.7 of Division 2 ofthe Cal. Revenue and Taxation Code, shall automatically become a part of this chapter,
prwided however, that no such amendment shall oporate so as to afi€ct the rate oftax imPosed by this chapter.
(OKl. 2016-199, passed 11€-2016)
3.26.130 ENJOINING COLLECTION FORBIDDEN.
No injunc.lion or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding
in any court against the state or the city, or against any offcer of the state or the city, to event or enjoin the
collec-tion under $is chapter, or Pa 1.6 of Division 2 of the Cal. Revenue and Taxation Code, of any tax or any
arnount oftax required to be collec{ed. (Ord.201&199, passed 11€-2016)
3.26.140 USE TAX PROCEEDS. All proceeds ofthe hx levied and imposed under this chapter shall be paid
into the General Fund for use by the City of Menifee. (Ord. 2016-199, passed 113-2016)
3.26.150 ANNUAL AUDIT. By no later than December 31st of each year, the city's independent auditols shall
corplets a fnandal audit repod to include the reyenue raised and erpended by this tax to be reflecled in the
city'a budget. :fhe audit shall review whether the tax revenues crllected pursuant to this chapter are collected,
managedind expended in acc.ordance with the adopting ordinance. (Ord. 2016-199, passed I 1+2016)
326.160 TERMINATION DATE. The authority to levy the tax imposed by this chapter shall exdre when
€nd€d by voters. (Ord.2016-199, passed 11$-2016)
Please notify us when the city attomey has prepared the title and sumnEry of the chief purpooe and points of
this propoGed measure so lhat we may pubfish this pelition in a local netvspaper and start to circulate the
petition arDng the voteE. Also notify us of the number of signatures required to qualiry this rneasure for tfie
irlovember 2020 bellot. Check numbet 1327 dal€d September 6, 2019 in lhe amount of $200 is attached.
The attached certificalions fiom the proponents are subrttted in accordancc with the requirements of Elec*ions
Code 9608:
A
hn D. Smelser Anne Pica
0*e@
4.4.a
Packet Pg. 37 Attachment: Notice of Intent and Proposed Ordinance (2485 : Measure DD Repeal Initiative)
Proponent Gertifi cations :
SIGNED STATETTIENT OF PROPONENT
l, John D. Smelser, ackno^dedge that it is a misdemeanor under state law (Section '18650 of the
Elec{ions Code) to knowingly oi wiltfutty allow the signatures on an initiative pelition to be used for any
purpose other t-han qualification of the proposed measue for the ballot. I certiff that I will not
i<nondngly or willfully allor the signatures for this initiative to be used for any purpose other than
qualification of the measure for the ballot.
Date 19
n D. Smelser
ress: 29334 Castaway Court, Menifee, CA 92585
SIGNED STATETIENT OF PROPONENT
l, Anne pica, acknowledge that it is a misdemeanor under state law (Sec'tion 18650 of the Elec{ions
Code) to knowingly or willfully allow the signatures on an initiative petition to be used-for any purpose
otherihan qualincaton of thC proposed measure for the ballot. I certiry that lwitl not knowingly or
willfully allow the signatures for this initiative to be used for any purpose other than qualifcation of the
measure for the ballot.
Date 19
Anne Pica
Address:27231 Coronado Way, Menifee, CA 92586
o
4.4.a
Packet Pg. 38 Attachment: Notice of Intent and Proposed Ordinance (2485 : Measure DD Repeal Initiative)